Manning v. Andy

Opinion

Per Curiam,

Clair Manning has appealed from an order of the trial court dismissing his complaint in trespass for failure to state a cause of action in negligence. The dismissal occurred following preliminary objections by appellees, John Andy and Frank Andy, individually and trading as J & F Rubber Company and Andy’s Tire Service. On appeal the Superior Court sustained the trial court by a per curiam order. We granted allocatur.

The complaint alleged that appellant sustained injuries in an automobile accident caused by Russell E. Walters, who was under the influence of liquor. Appellant…